Kearney v. Ireland [2000] IESC 71 (10th November, 2000)

Kearney v. Ireland [2000] IESC 71 (10th November, 2000)

No exceptional circumstances were established by Mr Kearney to justify setting aside the Supreme Court order; the application must be dismissed.

Citation
[2000] IESC 71
Parties
Applicant: Mr Kearney; Respondent: State or State Agencies
Jurisdiction
Ireland
Procedural Posture
Notice of Motion to Set Aside Supreme Court Order / Application to Supreme Court
Outcome
Application dismissed
Legal Topics
Finality of Supreme Court Decisions, Setting Aside Judgments, Exceptional Circumstances
Constitutional Law Civil Procedure Finality of Supreme Court Decisions Setting Aside Judgments Exceptional Circumstances

Case Brief

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Parties

Mr Kearney

Applicant

State or State Agencies

Respondent

Procedural Posture

Notice of Motion to Set Aside Supreme Court Order / Application to Supreme Court

Legal Issues

  1. 1 Whether the Supreme Court can set aside its own final order on grounds of unconstitutionality
  2. 2 Whether exceptional circumstances exist to justify setting aside the order

Ratio Decidendi

No exceptional circumstances were established by Mr Kearney to justify setting aside the Supreme Court order; the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application to set aside Supreme Court order dated 30th June 1997 is dismissed